The City of Huron, Ohio

417 Main St. Huron, OH 44839

www.cityofhuron.org Office (419) 433-5000 Fax (419) 433-5120

Agenda for the regular session of City Council

May 14, 2019 at 6:30p.m.

I. Call to order Moment of Silence followed by the Pledge of Allegiance to the Flag

II. Roll Call of City Council

III. Approval of Minutes

Regular meeting of April 9 & work session meeting of April 23, 2019.

IV. Audience Comments Citizens may address their concerns to City Council. Please state your name and address for the recorded journal. (3 minute time limit)

V. Old Business Motion to Release RFP - 508 Main Street Property

VI. New Business

Resolution 2019- 28 A resolution approving the appointment of Cory Swaisgood to the position of Finance Director. Resolution 2019-29 A resolution awarding the bid and authorizing an agreement with Smith Paving & Excavating Inc. relative to the Safe Routes to School Project. Resolution 2019-30 A resolution accepting the proposal and authorizing an agreement with CTL Engineering, Inc., for the provision of engineering inspection services relative to the Safe Routes to Schools Project. Resolution 2019-31 A resolution granting the request of the Huron Garden Club for the placement of event signage in the US6 median area. Resolution 2019-32 A resolution granting the request of the Huron Community Prayer Path & Labyrinth for the placement of event signage in the US6 median area. Resolution 2019-33 A resolution ratifying and approving the 2017 merit compensation of the City Manager. Resolution 2019-34 A resolution ratifying and approving the 2018 merit compensation of the City Manager. Ordinance 2019-8 Budget Appropriations Public Hearing Re-zoning: Mucci Farms, 1101 Rye Beach Road, Parcel # 42-67003.000 from R-1 (residential) to B-3 PUD (General Business per Section 1125.03 and to include the parcel in the planned industrial project overlay zone as defined in Section 1126.09)

VII. City Manager’s Discussion

VIII. Mayor’s Discussion

IX. For the Good of the Order

X. Executive Session

XI. Adjournment

TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2019-28 DATE: May 8, 2019 Subject Matter/Background Resolution 2019-28 provides City Council approval of the appointment of Mr. Cory Swaisgood as the City of Huron Finance Director pursuant to Article 5, Section 2 of the Huron City Charter, at an annual salary of $92,000.00, plus benefits. Financial Review A budget modification will be presented at a subsequent meeting upon adoption. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If Council is in support of the request, a motion to adopt Resolution No. 2019-28 is in order.

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RESOLUTION NO. 2019-28 A RESOLUTION APPROVING THE APPOINTMENT OF CORY SWAISGOOD AS FINANCE DIRECTOR OF THE CITY OF HURON. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. The Huron City Council hereby approves the appointment of Cory Swaisgood as Huron Finance Director pursuant to Article 5, Section 2 of the Huron City Charter, at an annual salary of $92,000.00, plus benefits.

SECTION 2: That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of the Council and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.RC. §121.22 of the Revised Code. SECTION 3: This Resolution shall be in full force and effect from and immediately following its adoption. Brad Hartung, Mayor ATTEST:

Clerk of Council ADOPTED:

TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution(s) 2019-29 and 2019-30 DATE: May 3, 2019 Subject Matter/Background Resolution No. 2019-29 and Resolution No. 2019-30 relate to the Safe Routes to Schools sidewalk project along Cleveland Road West. Legislative History

• Resolution 2016-8 authorized the submission of the grant application to the Safe Routes to School Grant program.

• The City was subsequently notified on July 21, 2016 that it was awarded up to $370,000.00 in

funding for fiscal year 2020. The terms of the grant agreement require an 80/20 state/city funding split. The proposed scope of the project includes: Construction of a 5 foot concrete sidewalk along the south side of Cleveland Road West from near the intersection of Jim Campbell Blvd. on the east end to the entrance of Admiral’s Point Nursing Home on the west end where there are currently no existing sidewalks. Construction of an 8 foot concrete walkway along the existing un-improved right of way of Catalpa Road to allow for access to the proposed Cleveland Road West sidewalk from Woodlands School.

• Resolution 2018-29 accepted the proposal and authorized an agreement with OHM Advisors for

design engineering related to the project in the amount of $57,500.00. The total engineer’s estimate for this sidewalk project is $448,000.

Resolution 2019-29 This resolution will award the bid and authorize an agreement with Smith Paving & Excavating Inc., for labor and materials and construction of the project. The city received a total of two (2) bids on the project: Smith Paving & Excavating Inc. $437,739.10 Precision Paving Inc. $483,671.25 OHM Advisors have reviewed the bids and provided recommendation to award the bid to Smith Paving & Excavating, Inc. in an amount not to exceed $437,739.10. (Recommendation letter attached) Resolution 2019-30 This resolution will accept the proposal and authorize an agreement with CTL Engineering, Inc., for the provision of Engineering Inspection Services on the project. Pursuant to ODOT requirements, the city issued an RFQ for Letters of Interest relative to Construction Management and Inspection Services for this project. The city received five (5) Letter of Interest submissions on 4/23/19 which were then reviewed by the City Engineer utilizing the ODOT programmatic selection process involving scoring each of the LOI's individually and sending a request for a proposal to the highest rated consultant. CTL submitted a proposal which was slightly under the estimate of $50,000. Their proposal, along with all of the LOI's and scoring sheets, were submitted to ODOT for approval. ODOT has provided approval and has authorized the city to proceed with award to CTL.

Financial Review Expense associated with the SRTS Project are included in the budget appropriation, Ordinance 2019-8. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If Council is in support of the requests, a motion to adopt Resolution No. 2019-29 and Resolution 2019-30 respectively, would be in order.

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RESOLUTION NO. 2019-29

A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD THE BID AND ENTER INTO AN AGREEMENT WITH SMITH PAVING AND EXCAVATING, INC., FOR LABOR AND MATERIALS RELATED TO THE SAFE ROUTES TO SCHOOL PROJECT NO. ERI-D03, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY SEVEN THOUSAND SEVEN HUNDRED THIRTY NINE AND 10/100 DOLLARS ($437,739.10)

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That the City having advertised for bids in connection with the Safe Routes to School Project ( ERI-D03-SRTS) this Council finds Smith Paving and Excavating, Inc., to be the lowest and best bidder for such work and waives any irregularities and/or formalities in the bid proposal. Therefore, the City Manager shall be, and he hereby is, authorized and directed to award the bid and enter into an agreement with the said Smith Paving and Excavating, Inc., for undertaking the work called for in the SRTS bid package, in an amount not to exceed Four Hundred Thirty Seven Thousand Seven Hundred Thirty Nine and 10/100 Dollars ($437,739.10) which agreement shall be substantially in the form of the Safe Routes to School Project Contract on file in the office of the Clerk of Council. SECTION 2. That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22. SECTION 3. That this Resolution shall be in full force and effect from and immediately after its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:

RESOLUTION NO. 2019-30

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL AND ENTER INTO AN AGREEMENT WITH CTL ENGINEERING, INC., FOR ENGINEERING INSPECTION SERVICES RELATED TO THE SAFE ROUTES TO SCHOOL PROJECT NO. ERI-D03, IN AN AMOUNT NOT TO EXCEED FORTY EIGHT THOUSAND FOUR HUNDRED FORTY EIGHT AND 00/100 DOLLARS ($48,448.00)

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That the City having advertised Requests for Proposals relative to Letters of Interest for engineering inspection services for the Safe Routes to School Project (ERI-D03-SRTS), the City Manager shall be, and he hereby is, authorized and directed to accept the proposal and enter into an agreement with the said CTL Engineering, Inc., for engineering inspection services on the SRTS Project, in an amount not to exceed Forty Eight Thousand Four Hundred Forty Eight and 00/100 Dollars ($48,448.00) which agreement shall be in substantially in the form of Exhibit “A” attached hereto and made a part hereof. SECTION 2. That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22. SECTION 3. That this Resolution shall be in full force and effect from and immediately after its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:

Page 1 of 3

CITY OF HURON AGREEMENT NO. 33632 This Agreement No. 33632 entered into this ______ day of ___________________, 20___, by and between City of Huron, acting by and through the City Manager, hereinafter referred to as the City, and CTL Engineering, Inc., hereinafter referred to as the Consultant, with an office located at 3085 Interstate Parkway, Brunswick, Ohio 44212. W I T N E S S E T H: That the City and the Consultant, for the mutual considerations herein contained and specified, have agreed and do hereby agree as follows: CLAUSE I - WORK DESCRIPTION The Consultant agrees to perform Construction Inspection and keeping of records and documents, Construction Administration and Testing as may be authorized by the City for Safe Routes to School project in Erie County, Ohio, identified as D03 – SRTS – City of Huron Inf. CLAUSE II - INVOICE & PROJECT SCHEDULE The City and the Consultant agree to the attached Invoice & Project Schedule including the overall Agreement length, and Scheduled Submittal dates and Review Times set out in the Project Schedule. The Consultant agrees to submit the completed Invoice & Project Schedule transmittal letter together with the updated Invoice & Project Schedule for all billing purposes for all Parts of this Agreement every thirty (30) days as follows:

(a) Signed original transmittal letter and invoice (IPS) and three (3) copies of same.

CLAUSE III - PRIME COMPENSATION The City agrees to compensate the Consultant for the performance of the Work specified in this Agreement as follows:

Part 1: Construction Inspection.

Rates of Pay Compensation as authorized for each Classification delineated below plus non-salary direct costs. The maximum prime compensation shall not

Page 2 of 3

exceed Forty-Eight Thousand, Four Hundred Forty-Eight Dollars ($48,448.00). All costs shall be included in the maximum prime compensation. Agreed Rates of Pay are established as follows:

Firm Name Classification Hourly

Rate Overtime Premium Rate

CTL Engineering, Inc. Project Inspector $71.00 $107.00 CTL Engineering, Inc. Project Inspector $100.00 $150.00 CTL Engineering, Inc. Construction Engineer

Level 1 $100.00 N/A

CTL Engineering, Inc. Construction Engineer Level 1

$129.00 N/A

CTL Engineering, Inc. Construction Engineer Level 2

$171.00 N/A

CTL Engineering, Inc. Project Manager $171.00 N/A

Prime Compensations, only as agreed and by proper modification of this Agreement and authorized in writing by the City, may be added to or subtracted from under the authority of the Department of Transportation's "Specifications for Consulting Services, 2016 Edition". CLAUSE IV - INCORPORATION BY REFERENCE

The following documents, or specified portions thereof, are hereby incorporated into and made a part of this Agreement as though expressly rewritten herein:

(a) The Department of Transportation's "Specifications for Consulting Services, 2016 Edition".

(b) The Invoice & Project Schedule.

(c) The most current Office of Budget and Management Travel Policy as published on

the State of Ohio Website (http://obm.ohio.gov/TravelRule/default.aspx). CLAUSE V - GENERAL PROVISIONS

Any person executing this Agreement in a representative capacity hereby warrants that he/she has been duly authorized by his/her principal to execute this Agreement on such principal’s behalf. Additionally, it is expressly understood by the parties that none of the rights, duties and obligations described in this Agreement shall be binding on either party until such time as the expenditure of funds is certified by the Director of Budget and Management, pursuant to Section 126.07 of the Ohio Revised Code.

Page 3 of 3

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written by affixing the signature of the duly authorized officer of Consultant and the signature of the City Manager.

CTL Engineering, Inc.

By: ______________________

Title: _____________________ CITY OF HURON

__________________________ Andy White City Manager

APPROVED AS TO FORM: By: ______________________ Title: _____________________

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CERTIFICATION BY FISCAL OFFICER

I, as the Interim Finance Director for the City of Huron, Ohio, certify that the money required for the within Consulting Agreement is in the treasury, to the credit of the fund for which it is drawn, or in the process of collection, and not appropriated for any other purpose. ____________________________________ Mike Spafford, Interim Finance Director

TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2019-31 DATE: May 6, 2019 Subject Matter/Background This resolution authorizes the annual request of the Huron Garden Club to display advertising signage in the median area to promote their annual sale. If approved, signage will be displayed from Wednesday, May 15 through, Saturday, May 18, 2018. Exhibit “A” details the signage description and provides information relating to the community fundraising and beatification efforts provided by the Huron Garden Club. Financial Review N/A

Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If Council is in support of the request, a motion to adopt Resolution No. 2019-31 is in order.

RESOLUTION NO. 2019-31

A RESOLUTION AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY OF HURON, OHIO, TO SUPPORT THE REQUEST OF THE HURON GARDEN CLUB FOR THE PLACEMENT OF EVENT SIGNAGE IN THE MEDIAN AREA PROMOTING THEIR ANNUAL PLANT SALE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1: The City Manager is authorized on behalf of the City of Huron, Ohio to support the request of the Huron Garden Club to place advertising signage in support of their annual plant sale in the median area from May 15, 2019 through May 18, 2019, said request to be substantially in the form of Exhibit "A" attached hereto and made a part hereof.

SECTION 2: That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of the Council and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22. SECTION 3: This Resolution shall be in full force and effect from and immediately following its adoption. Brad Hartung, Mayor ATTEST:

Clerk of Council ADOPTED:

TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2019-32 DATE: May 6, 2019 Subject Matter/Background This resolution authorizes a request from the Huron Community Prayer Path and Labyrinth to display advertising signage in the median area to promote their community music event. If approved, signage will be displayed from Wednesday July 17 through Monday July 22. Exhibit “A” details the signage description and provides information relating to this event being supported by the Huron Community Prayer Path and Labyrinth. Financial Review N/A

Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If Council is in support of the request, a motion to adopt Resolution No. 2019-32 is in order.

RESOLUTION NO. 2019-32

A RESOLUTION AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY OF HURON, OHIO, TO SUPPORT THE REQUEST OF THE HURON COMMUNITY PRAYER PATH AND LABYRINTH FOR THE PLACEMENT OF EVENT SIGNAGE IN THE MEDIAN AREA PROMOTING A COMMUNITY MUSIC EVENT TO BE HELD ON JULY 22, 2019. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1: The City Manager is authorized on behalf of the City of Huron, Ohio to support the request of the Huron Community Prayer Path & Labyrinth to place advertising signage, in support of their community music event, in the median area from July 17, 2019 through July 22, 2019, said request to be substantially in the form of Exhibit "A" attached hereto and made a part hereof.

SECTION 2: That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of the Council and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22. SECTION 3: This Resolution shall be in full force and effect from and immediately following its adoption. Brad Hartung, Mayor ATTEST:

Clerk of Council ADOPTED:

TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2019-33 and Resolution 2019-34 DATE: May 6, 2019 Subject Matter/Background Resolutions 2019-33 and 2019-34 have been prepared to legislatively ratify and acknowledge the approval of previous merit compensation payments provided to the City Manager for the years 2017 and 2018 following City Council completion of respective performance evaluations. Financial Review Expenses were included within adopted appropriations in 2018. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If the Council is in support of the requests, motions to adopt Resolution No. 2019-33 and Resolution No. 2019-34 are in order.

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RESOLUTION NO. 2019-33

A RESOLUTION RATIFYING AND APPROVING THE PAYMENT OF MERIT COMPENSATION TO THE CITY MANAGER IN THE AMOUNT OF $10,000 FOR SATISFACTORY 2017 PERFORMANCE EVALUATION

WHEREAS, City Council conducted City Manager Andrew D. White’s performance evaluation for 2017 on January 8, 2018 and the performance evaluation shows an overall rating of 3.83 “Meets Job Standards;” and

WHEREAS, as provided for in the City Manager’s employment contract, Council desires to ratify and approve the payment of merit compensation to the City Manager in the amount of $10,000 for a satisfactory performance evaluation for the year 2017; and

WHEREAS, the City Manager received his 2017 merit compensation payment on January 19, 2018.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO:

SECTION 1. That this Council ratifies and approves the January 19, 2018 payment of merit compensation to City Manager Andrew D. White in the amount of $10,000 for a satisfactory performance evaluation for the year 2017, and that neither repayment by the City Manager nor further payment by the City shall be required.

SECTION 2. That this Council hereby finds and determines that all formal actions of this Council concerning and relating to the adoption of this Resolution were taken in an open meeting of the Council and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22.

SECTION 3. This Resolution shall be in full force and effect from and immediately following its adoption and shall apply retroactively to January 19, 2018. ____________________________________ Brad Hartung, Mayor ATTEST: ___________________________ Clerk of Council ADOPTED: _________________________

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RESOLUTION NO. 2019-34

A RESOLUTION RATIFYING AND APPROVING THE PAYMENT OF MERIT COMPENSATION TO THE CITY MANAGER IN THE AMOUNT OF $5,000 FOR SATISFACTORY 2018 PERFORMANCE EVALUATION

WHEREAS, City Council conducted the City Manager Andrew D. White’s performance evaluation for 2018 on December 11, 2018 and the performance evaluation shows an overall rating of 3.59 “Meets Job Standards;” and

WHEREAS, as provided for in the City Manager’s employment contract, Council desires to ratify and approve the payment of merit compensation to the City Manager in the amount of $5,000 for a satisfactory performance evaluation for the year 2018; and

WHEREAS, the City Manager received his 2018 merit compensation payment on December 21, 2018.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO:

SECTION 1. That this Council ratifies and approves the December 21, 2018 payment of merit compensation to City Manager Andrew D. White in the amount of $5,000, for a satisfactory performance evaluation for the year 2018, and that neither repayment by the City Manager nor further payment by the City shall be required.

SECTION 2. That this Council hereby finds and determines that all formal actions of this Council concerning and relating to the adoption of this Resolution were taken in an open meeting of the Council and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22.

SECTION 3. This Resolution is shall be in full force and effect from and immediately following its adoption and shall apply retroactively to December 21, 2018. ____________________________________ Brad Hartung, Mayor ATTEST: ___________________________ Clerk of Council ADOPTED: _________________________

TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Ordinance 2019-8 DATE: May 6, 2019 Subject Matter/Background This ordinance requests the Council’s authorization for changes to the annual budget appropriations. A breakdown is attached to the ordinance as Exhibit “A.” Financial Review Ordinance 2019-8 includes $726,584 increase in anticipated revenues and $675,876 in total expenditures. These budget modifications are entirely within Fund 401 - Capital Fund. Per direction of our independent public accounting firm, "direct-pay" grant and loan programs have been accounted for incorrectly. In the past, the City would account for the City's portion of expenditures and not account for the revenue (portion paid by granting agency to the contractor directly). Direct-pay projects require the City to book the entire project's expense, not just the City's portion, and to book the amounts paid directly by the agency to the contractor as revenue. The change in accounting will not result in a net difference in the City's cash position as the material affect is identical. Revenue: Ordinance 2019-8 requests an increase in revenue by $726,587.00. This is the total of the outstanding (or previously paid) portions of direct payments from OPWC directly to contractors on the City's behalf for various grant programs. The payments include: * Fabens / Adams Ave Project: $72,549 * 2018 Paving Program: $20,710 * 2018 Paving Program: $263,327 * Safe Routes to School: $370,000 * Total: $726,585 Expense: Ordinance 2019-8 requests an increase to the expenditures within the Capital Fund budget by a total of $675,876. This is comprised of $825,876 in new capital projects and a reduction of $150,000 in funding for projects either being delayed for further evaluation or no longer necessary. The $826,876 is comprised of the following projects: * Fabens Park / Adams Ave: $72,549 (offsetting revenues above) * 2018 Paving Program: $263,327 (offsetting revenues above) * Safe Routes to School Sidewalk Project: $490,000 ($440,000 construction and $50,000 for inspection). Grant proceeds included above in revenues.

Legal Review The matter has been reviewed, follows normal legislative procedure, and is properly before you. Recommendation The Council should consider a motion to adopt the ordinance as presented in order to maintain budgetary compliance.

ORDINANCE NO. 2019-8

AN ORDINANCE AMENDING ORDINANCE NO. 2018-36, ADOPTED DECEMBER 11, 2018 RELATING TO EXHIBIT “A” APPROPRIATIONS FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HURON, OHIO:

SECTION 1. Exhibit "A" of Ordinance No. 2018-36, adopted on the 11th day of December, 2018; as amended by Ordinance 2019-1 adopted February 12, 2019, as amended by Ordinance 2019-5 adopted March 26, 2019 relating to appropriations is hereby amended as to each fund as set forth in Exhibit "A" attached hereto and made a part hereof.

SECTION 2. The Director of Finance and the City Manager are hereby authorized to expend the funds herein appropriated for the purpose of paying the operating expenses of the City for the fiscal year ending December 31, 2018 and to make the necessary entries on the accounting records of the City to reflect the appropriations and expenditures herein authorized.

SECTION 3. That it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including O.R.C. §121.22.

SECTION 4. In accordance with Section 3.07 of the Charter of the City of Huron, Ohio, this Ordinance shall take effect immediately upon its adoption.

Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED: .

ORDINACE: 2019 ‐ 8 EXHIBIT "A"DATE: 05/14/2019

FUND ACCOUNT # DESCRIPTION INCREASE / (DECREASE) REASON FOR ADJUSTMENT

FUND 401 ‐ CAPITAL IMPROVEMENT FUND 401‐0005‐41420 OPWC FUNDS ‐ OTHER 726,587.00$                         DIRECT PAY PORTION ‐ OPWC GRANTS TOTAL: 726,587.00$                        

TOTAL REVENUES: 726,587.00$                        

FUND ACCOUNT # DESCRIPTION INCREASE / (DECREASE) REASON FOR ADJUSTMENT

FUND 401 ‐ CAPITAL IMPROVEMENT FUND 401‐3400‐55002 LAND IMPROVEMENTS (125,000.00)$                       PROJECT UNDER EVALUATION FOR FUTURE BUDGETFUND 401 ‐ CAPITAL IMPROVEMENT FUND 401‐7550‐55102 LAND & BUILDING IMPROVEMENTS (25,000.00)$                          FUNDS NO LONGER NECESSARYFUND 401 ‐ CAPITAL IMPROVEMENT FUND 401‐9500‐55957 FABENS PARK / ADAMS AVE 72,549.00$                           OPWC PORTION FOR PROJECTFUND 401 ‐ CAPITAL IMPROVEMENT FUND 401‐9500‐55961 PAVING PROGRAM 263,327.00$                         OPWC PORTION FOR PROJECTFUND 401 ‐ CAPITAL IMPROVEMENT FUND 401‐9500‐55962 SAFE ROUTES TO SCHOOL 490,000.00$                         CLEVELAND ROAD SIDEWALK PROJECT (CONST. AND INSP.)TOTAL: 675,876.00$                        

TOTAL EXPENSES 675,876.00$                        

CITY OF HURON ‐ BUDGET APPROPRIATION ADJUSTMENTSSUMMARY SHEET

REVENUE

EXPENSE

TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Rezoning Request- Mucci Farms, 1101 Rye Beach Road DATE: May 6, 2019 Subject Matter/Background On February 12, 2019, City Council approved a motion to refer the rezoning application of Mucci Farms, 1101 Rye Beach Road from R-1 (single family residential) to B-3 (General Business) PUD- per section 1125.03 and to include the parcel in the planned industrial project overlay zone pursuant to Section 1126.09, to the Planning Commission for their review and consideration. The Planning Commission met on Wednesday April 3, 2019 at 5:30 p.m. to accommodate a public hearing, review/discuss and provide recommendation. The applicant is required only to submit proposed elevation and site layouts to satisfy the needs of the rezoning application. Following the Planning Commission recommendation to approve the rezoning application as presented pending rezoning approval, the matter was referred back to City Council, in accordance with the Section 1139.03 of the Codified Ordinances, on April 9, 2019 at which time the motion to set a Public Hearing for May 14, 2019 at 6:30 p.m. was passed by City Council. Mucci's attached site plan and landscaping plan was reviewed and approved by Planning Commission and Design Review Board pending the approval of the rezoning by City Council. Not included in the current site plan are any additional site lighting, signage, or any changes to the existing bunkhouse. Any of these items or any changes to the approved site plan would have to go back before the Planning Commission and Design Review Board at a future meeting for approval. Legal Review Pursuant to the code and in accordance with legislative protocol, the rezoning request pertaining to Mucci Farms, 1101 Rye Beach Road from R-1 (single family residential) to B-3 (General Business) PUD- per section 1125.03 and to include the parcel in the planned industrial project overlay zone pursuant to Section 1126.09, is properly before Council for final determination following the required Public Hearing. The Huron City Charter provides specific voting requirements in the event that City Council chooses to overrule the Planning Commission’s recommendation. Specifically, the Charter states:

Council may overrule the recommendations of the Commission by a majority vote of the full membership of Council. Whenever a written protest against such proposed amendment or reclassification, signed by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the Commission and Council, the ordinance providing for such proposed amendment or reclassification shall not be passed except by a majority vote of Council.

Motion to hold a public hearing A motion “that the regular meeting of May 14, 2019 be recessed for the purpose of holding a Public Hearing on the re-zoning request of Mucci Farms, 1101 Rye Beach Road from R-1 (single family residential) to B-3 (General Business) PUD- per section 1125.03 and to include the parcel in the planned industrial project overlay zone pursuant to Section 1126.09” will be required. Following

comments from the audience and discussion, a motion that the Public Hearing be closed and the regular meeting of May 14th back in session will be required. Recommendation While Administration is in support of the recommendation from the Planning Commission to authorize the rezoning request as presented, it is imperative that the lighting regulation ordinance be adopted and implemented prior to City Council authorizing the rezoning of the property. Therefore, no action by City Council is recommended following the Public Hearing on May 14, 2019.

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